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State v. Vogt

Docket No. 20190124
Oral Argument: Waived

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Jason James Vogt, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2013-CR-03705
East Central Judicial District, Cass County
John Charles Irby
2019 ND 236933 N.W.2d 916

Highlight

A defendant seeking post-conviction relief cannot circumvent the Uniform Postconviction Procedure Act by designating his application for post-conviction relief as a motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing an application for post-conviction relief.
Applicant for post-conviction relief is entitled to notice that his application may be summarily dismissed.


Briefs

Filing Date Description
06/19/2019 APPELLANT BRIEF View
07/17/2019 APPELLEE BRIEF View
07/26/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tracy Elizabeth Hines - 07862
APPELLANT PRO SE Jason James Vogt

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/15/2019 NOTICE OF APPEAL : 04/15/2019
2 04/16/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 04/16/2019 Notice served on Jason J. Vogt and Tracy E. Hines
4 05/02/2019 MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL
5 05/03/2019 ACTION BY CHIEF JUSTICE - Granted : 04/15/2019
6 05/03/2019 Order Granting Extension of Time to File Notice of Appeal
7 05/14/2019 ELEC. RECORD ON APPEAL DATED MAY 13, 2019 (ENTRY NOS.1 - 62) (Not Rec. 29)
8 05/22/2019 Appellant Brief (not filed - no service)
9 05/31/2019 MOTION FOR EXTENSION OF TIME TO FILE CERT. OF COMPLIANCE, COPIES, PROOF OF SERVICE
10 05/31/2019 ACTION BY CHIEF JUSTICE - Granted : 07/01/2019
11 06/19/2019 Mark Beauchene assigned as counsel for Appellant
12 06/19/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 19, 2019(ENTRY NOS. 63 - 66)
13 06/19/2019 APPELLANT BRIEF View
14 06/19/2019 APPELLANT APPENDIX
15 06/20/2019 Rec'd Certificate of Service and word count compliance for ATB
16 06/20/2019 Rec'd 5 copies of ATB & ATA
17 07/02/2019 Samuel A. Gereszek appointed to represent Appellant
18 07/17/2019 APPELLEE BRIEF View
19 07/23/2019 Rec'd 6 copies of AEB from CSD
20 07/25/2019 MOTION to Withdraw As Counsel - Gereszek
21 07/26/2019 REPLY BRIEF View
22 07/26/2019 DISK NONCOMPLIANCE (Scanned)
23 08/12/2019 ACTION BY CLERK (motion to withdraw as counsel) - Granted
24 08/12/2019 ORAL ARGUMENT WAIVED: Inmate not transported per policy of facility & No Requests for Oral Argument
25 09/03/2019 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) and 34(e)
26 09/20/2019 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) and 34(e)
27 10/03/2019 DISPOSITION
28 10/03/2019 UNANIMOUS OPINION : VandeWalle, Gerald W. View
29 10/04/2019 Judgment Sent to Parties
30 10/25/2019 MANDATE